Casa Aztlán

United Front For Immigrants

1620 W. 18TH ST.
Chicago, Illinois 60608

Making Immigration Laws More Just

Never in the history of the U.S. have immigrants come under such vicious attacks by our government with the strong support of exclusionary nativist groups who seek to keep new immigrants from being able to achieve the American dream. The current attacks on those who have come to this country, without having observed the onerous rules on how and what they must prove before being allowed to enter the U.S. properly, follow the same patterns set in motion by earlier exclusionary forces that have been highly vocal on not allowing new people entry into the country. History has shown that these are simply code words for not wanting to admit new immigrants that are not of the same culture or racial background as the established majority population. By now referring to these persons as “illegal aliens”, both our government and those who support it seek to justify the continuous harassment of undocumented immigrants through constant attacks by the Department of Homeland Security.

Simply put, they seek to deport every one thought to be in the country without official permission. These “new” immigrants, who have come to our country not just for a better life but for survival, have risked both health and safety in coming here and now face criminal charges on the federal and local levels. The United States proudly calls itself a country of immigrants but has little interest in accepting the arrival of new immigrants who are forced to come here extra-legally because they have little or no possibility of achieving proper “documented entry” into the U.S. There is nothing new in the behavior of our government and its racist anti-immigrant supporters. This same response has occurred with the arrival of every new wave of immigrants seeking entry into the U.S.

This situation has been in effect ever since the passage of the 1986 Immigration Bill, which set strict standards as to how persons from other countries could enter into the United States. It was further aggravated by the even more restrictive 1996 Immigration Bill passed with the support of the Clinton administration.

The U.S. has long accepted with a wink and nod the arrival of undocumented persons, especially those from Mexico and Central American countries. For decades it was well known that businesses could hire undocumented aliens and continue business as usual without any fear of real interference from the government. Today, as an after effect of the 9/11 terrorist attack on the Twin Towers of the World Trade Center; our government has taken the path of least resistance; i.e. pursuing “illegal” immigrants to assuage the public frustration with the failed adventurist policies that led us into the quagmire of Afghanistan and Iraq. This was all done under the guise of protecting our borders to prevent a new terrorist attack.

The United Front For Immigrants (UFI) seeks to counter these nativist’s attacks on undocumented immigrants by advocating needed immigration reforms that treat all immigrants in a more humane manner via policies that establish valid paths for the regularization of immigration status for those who reside in the U.S. without immigration documents. The rush to treat undocumented workers as criminals and terrorists is simply wrong headed. These persons have come to this country in search of a better life, as have all other immigrants before them.

The United States of America cannot honestly proclaim itself as the beacon of hope and fairness to the world if it does not grant the protection of all its civil and constitutional rights to everyone residing in this country whether or not they have achieved a properly documented immigration status.

The following are the policy changes that we advocate.

A. Family Unity and Employment Based Immigration

Increase the number of visas for countries whose citizens make up the largest numbers of applicants for entry into the U.S. Visas should go by priority to applicants who seek to join immediate family members who are currently living in the U.S. Added weight should be given to those who have immediate family members who are productive citizens of the U.S.
Persons with limited incomes should have access to lower fee structures based on family size. Immigration should not be based on a person’s monetary ability to buy-in. Instead of favoring the admissions of persons of means, incentives should be provided for persons with documented personal, educational and community achievements that are eager to partake in the American dream.
U.S. citizens should be able to sponsor immediate family applicants by guaranteeing the economic support of these relatives until either they leave the U.S. permanently or become U.S. citizens.
Applicants for admission who can substantiate that they have been displaced as an effect of NAFTA policies should be given priority for admission for entry into the U.S.

B. Encourage Citizenship
Application for Permanent Residents

Make the current process of obtaining U.S. citizenship more efficient and obtainable under a realistic time frame. The application process should encourage citizenship application and not devolve into a bureaucratic nightmare. Insure that the citizenship application process takes no more than six months, is transparent, and is easily tracked by the applicant. Set reasonable fees that encourage application. Applicants for citizenship should be seen as persons who have already supported this country for a long period of time and not simply as a limitless funding source for an underfunded government bureaucracy.
Provide reasonable incentives, including lower costs, to encourage family based citizenship applications. A country that famously favors family values should welcome new citizens not just as individuals but also as productive families.
Labor needs in an employment or national interest category should be addressed through nationally supported educational programs for U.S. citizens as well as permanent residents and not by enticing persons from other countries to immigrate to the U.S. because they possess certain needed skills. Exception can be made for persons who possess needed skills not found in the US to immigrate for the express purpose of teaching these skills, in this country, to U.S. residents.

C. Regularization of Status

It is estimated that there are currently over twelve million undocumented persons residing in this country. UFI believes that this is an unacceptable situation for all involved.

There should be a clear path to permanent residency for all persons who have resided and worked in the US for over two years.
Decriminalize the status of being undocumented. Currently this results in deportation and, for most deportees, in a permanent bar to returning to the U.S. This produces the current condition where the sole blame is placed on the persons who are the least responsible for this situation having existed for so long. We cannot clean our patriotic conscience and proudly proclaim that we are simply applying the law and thereby allow the injustice of having the weakest participants in this arrangement pay the only penalty.
For decades prosecutors have been improving their conviction rates by allowing persons to plead guilty to minor violations of the law most often without benefit of counsel. Undocumented persons who have taken this option as the only way to be more promptly returned to their families – for whom they are usually the only means of support - now find themselves being processed for deportation long after they have served their punishment. These situations are at best simply unjust and at worst a blind application of Draconian justice. Real justice is only achieved when it is tempered by reason, especially in the face of minor crimes and misdemeanors.
Persons who are deported for immigration law violations are often forced to risk yet another return to the U.S. because they are unable to survive financially in their own countries. Treating these people as felons further aggravates this situation and causes the needless expenditure for imprisoning these people who re-enter only to find work so they can support their families. Numerous cases have been found where some members of a family are able to achieve immigration status and other family members are considered ineligible because of age. Separating these people from their families and sending them back to live in harsh situations without the benefit of family support is recipe for continued reentries into the U.S. This is an illogical and unnecessary use of valuable but limited government resources.
The hue and cry for the American penchant not to jump in front of the line and the resulting demand that persons found to be in this country without proper immigration status be returned to their country and observe the punishment of waiting until their number comes up fails to take into account the current 20 year wait for many until they obtain permission to immigrate to the U.S. Historically, a weeklong boat ride to Ellis Island seems idyllic. Every year hundreds of people die in our southwestern desert trying to come to America. These deaths are an immorally high payment for our failed immigration policies.

D. Measures to Correct the Current Situation

Instead of broad scale deportation of undocumented persons residing in this country, UFI recommends alternative responses to deportation and years’ long bars prior to reentry into the U.S.

Persons who have never committed any crime* should be allowed to present alternatives to harsh punishment for undocumented entry into the U.S. as per the

Following examples:
1. Community service
2. Continued educational endeavors
3. Earned status through years of documented continued gainful employment
4. Married with family status necessitating support of the family (often including U.S. citizens) from employment wages
5. Economic responsibilities such as a mortgage and a good credit status
6. Children doing well in grammar school, high school or attending college
7. Record of involvement in community or beneficent civic organizations
8. Having a son or daughter serving in the Armed Forces or National Guard.
The retribution for having entered without proper permission could include a period of probationary hold until official entry status is granted by
1. Serving a waiting period in the US of no more than five years - less if determined as adequate by the presiding Immigration Judge on the basis of the individual’s specific situation.
2. Observing this probationary period without any further complication of status such as criminal charges would count towards the persons waiting period for application for citizenship should it be desired.
3. For persons having served a waiting period for five years: the waiting period for Application for Citizenship should be shortened appropriately for seeking to apply.
Persons having served alternative penalties and (or) a probationary waiting period before being awarded permanent residency status should not face a future bar in applying for citizenship.
Monetary fines for undocumented status should be considered only as a measure of last resort.
Having a son or daughter on active duty in any branch of the Armed Forces or the National Guard should be prima fascia evidence that the members of the immediate family are of good moral character.
Deportation of a person under18 years of age found in this country without valid immigration documentation should not occur if such an action would result in the person having no visible means of support in his home country while being separated from immediate family living in the U.S.
Underage persons should be provided the opportunity to remain in the U.S. under court supervision until they reach the age of maturity and then be given permanent residency as long as they are not convicted of committing a serious crime.
Deportation should only be considered for person who have committed grievous crimes and must serve a long incarceration upon conviction. It should be the policy that these people serve their incarceration in their native country. Serving time in the U.S. prison system should only occur if their native countries are unwilling to repatriate them.

* Traffic and driving-without-a-license offenses would be excluded because many undocumented have no other way to get to and from employment. Habitual DUI convictions would not be similarly excluded.

E. Temporary Workers

Many persons from other countries are interested in finding temporary or seasonal employment in the U.S. without the need to establish a permanent immigration status in the U.S. These workers can provide valuable services to the U.S. economy in sectors that have a difficult time finding workers for seasonal activities. Historically, workers who take on seasonal or temporary employment are often abused and mistreated. To rectify these situation temporary workers must be safeguarded from unscrupulous employers.

UFI seeks to insure the proper and humane treatment of temporary workers by providing that all temporary workers be protected by having access to:

all established federal and state labor laws which must apply for these workers;
instituted reforms in our labor laws that provide for proper and safe living conditions;
union membership and protection.

F. Items to be included as amendments to INA:

Enact a truly comprehensive legalization program for undocumented workers on the date of enactment or on date the law was first introduced in Congress.
Repeal the 3 and 10 year and permanent bars that prevent immigrants from legalizing their status.
Amend INA 245 so that tens of thousands of immigrants with an existing avenue can adjust their status through family members or jobs in the U.S.
Establish low fees.
Process applications within two years of the date of application.
Allow applicants to adjust their status in the U.S. and be eligible to apply for citizenship within 5 years after being granted permanent resident status.
Reduce the affidavit of support income from 125% to 100% of the federal poverty level.
Grant Legal Permanent Residence to Central Americans and other Refugees (Nicaraguan Adjustment Act, TPS, American Baptist Church, Haitian Refugee Immigration Fairness Act of 1998 and immigrants in the U.S. under color of law.
Repeal jurisdiction-stripping provisions enacted in the Illegal Immigration Reform and Immigration Responsibility Act of 1996.
Repeal Current Employer Sanctions Laws
Amend the following sections:
1. 274 B (a) (1) to prohibit discrimination
2. 274 B (a) (3) amend definition of “protected individual”
3. 274 B (d) extend term from 180 days to 2 years to file a complaint
4. 274(g) (2) (B) so that back pay is available as remedy
5. 274 (a) (6) allowing workers not to prove “intended” employer’s discrimination against them
6. 274 B (g) (2) increase fines for employers who are found guilty to violate the law
7. Ensure that all workers have the right to organize and bargain collectively
8. Ensure that immigration enforcement complements rather than undermines the enforcement of labor and employment laws. For this purpose:
  
  Amend INA section 237 (a) so that back pay or monetary damages will be paid as a result of the complainant or plaintiff’s immigration status
9. 274 A to provide rules of conduct for worksite ICE raids during a labor dispute
10. 274 A (c) prohibit ICE agents from masquerading as personnel from a different government agency or organization that assists women on health, labor, safety, etc.;
11. 274 A (e) during Audits of I-9, other worksite enforcement action detained workers are removed from the country; 101 (a) (15) (u) (i) grant temporary visas, an employment authorization to immigrants workers detained during the course of a labor dispute because their employer has retaliated against them
12. Prohibit government agencies (DOL), (NLRB), (EOE) from revealing any information about worker’s immigration status; prohibit government agencies (DOL), (NLRB), (EOE) revealing any information discovered in the course of their investigations.
13. Prohibit States from considering immigration status in determining worker benefits
14. Review international trade agreements that contribute to undocumented immigration

H. Restructure the Immigration quota system

To allocate family-based visas:

Exempt immediate relatives from a new 680,000 worldwide ceiling.
Include parents of U.S. citizens who are under 21 years of age and the spouses and minor children of legal permanent residents as immediate relatives.
Increase the per “per country” limits from 7% to 10% or more of the worldwide ceiling.
Expand derivative eligibility to include immediate relatives.
Recapture unused family-based visas in any given year and apply them to future years without per-country limitations.
Allocate a visa or temporary admission to individuals waiting for a family-based preference pending the processing of their visas.

I. Enforcement

End Border Patrol high speed chases and use of deadly force except self defense or serious injury.
Repeal recently enacted laws that permit “expedited removal” within 100 miles of the border.
Require that migrants apprehended entering the country be informed of rights extended to them by Congress before they are deported (victims of violent crimes and victims of trafficking who cooperate with law enforcement; and abused and abandoned unaccompanied children) and be given visas, and not remove from the country any immigrant who appears to be prima facie eligible to obtain lawful status until the immigrant has had a reasonable opportunity to prepare and tender a complete application and it has been adjudicated.
Make enforcement of laws to prevent vigilantism a priority and monitor vigilante activity.
Make border enforcement solely a federal function. Limited to the U.S. Border Patrol, not the National Guard, which is trained to perform other activities.
Divert funds allocated to wall-in the borders to fund needed improvements in domestic infrastructure.
Decriminalize humanitarian assistance to immigrants injured while attempting to enter the country.
Support enactment of the Child Citizen Protection Act.
Amend INA to require that apprehended immigrant children are informed about their rights they possess to legalize their status under existing laws enacted by congress and are afforded the assistance of counsel.
Enact legislation permitting border crossing by indigenous people.

J. Due Process

Prohibit mass (non-individualized) and random detentions of immigrants by federal agents during worksite activities at workplaces.
Repeal recently enacted laws that prevent release on bond for apprehended immigrants who are not a flight risk or a risk to the community.
Repeal recently enacted federal law that bars states from issuing drivers licenses to undocumented workers.
Enact legislation making technical violations of registration and change of address requirements punishable by civil penalties (repeal criminal penalties and deportation).
Limit to no more than 30 days an immigrant’s detention after being ordered released on bond by an Immigration Judge.
Enact legislation to amend the definition of an aggravated felony. It should imply and applies to: (1) felony convictions, (2) violent or particularly serious crimes. Immigrants should not be subjected to the harsh penalties ‘aggravated felons’ face, including mandatory detention, deportation without a hearing, and a lifetime bar to ever return lawfully.
Enact legislation to prohibit the retroactive application of immigrant laws.
Grant suspension of deportation to immigrants in removal proceedings and registry to immigrants of good moral character with five years of continuous residence. Establish the performance of 100 hours of community service or pay a fee of $1,000.00

This document was prepared by Ramiro Borja, Oscar Téllez, Guillermo Gómez, Omar López, Antonio Zavala, Rene Magaña, Bernardino Chávez, Amanda Cortes and Carlos Arango.

This proposal was approved on March 14, 2009 at the Second Assembly for Immigrant Rights in the Arturo Velazquez West Side Technical Institute in Chicago Illinois.